Muslim schoolgirl defends right to religious dress

A school behaved unlawfully by barring a Muslim girl who wanted to wear traditional "head-to-toe" dress in the classroom, three appeal judges were told today.

Cherie Booth QC introduced her client, Shabina Begum, 15, to the judges, saying she was sitting at the back of the court wearing the jilbab covered by a cardigan.

Miss Booth said the case involved "fundamental issues" about the nature and interpretation of Miss Begum's rights to education and freedom to practise her religion.

"Her rights to manifest her religious beliefs should be respected," she said.

Six months ago, a high court judge, Mr Justice Bennett, dismissed the girl's application for judicial review, ruling that she had failed to show that the "highly successful" 1,000-pupil Denbigh high school in Luton, Bedfordshire, with 79% of its students Muslims, had excluded her or breached her human rights.

Miss Booth said the judgment of Mr Justice Bennett was saying that the school, which sent her home after she refused to wear authorised school uniform, is entitled to "pick and choose" which religious beliefs it accepts.

She said: "The school is saying it is not willing to accept your particular religious beliefs."

Lord Justice Brooks, the vice-president of the Court of Appeal civil division, said the case involved one particular race and culture in a multicultural society.

He asked whether any child who holds a particular belief sincerely should be able to ignore school uniform codes.

He asked: "How do you cope with that?"

Miss Booth said this was not a Race Relations Act case, but that either countries can impose secular dress for everyone in school, or they can respect diversity and allow schoolchildren to express their religious beliefs.

"I say our policy is to respect diversity, and it is not for the public authority to judge which beliefs are more valid than others," she said.

To win the appeal, it will have to be proved that Miss Begum is being excluded from school and being denied her "right to education and to manifest her religious beliefs".

Mr Justice Bennett said the school was entitled to limit Muslim students to wearing the shalwar kameez, consisting of trousers and tunic.

The uniform policy was necessary "to protect the rights and freedoms of others" who did not want to be like Shabina and wear a jilbab - a headscarf and flowing robe from head to toe, he said.

Today's appeal against the test case ruling has important implications for multi-faith schools across the country, and echoes a controversy in France, where politicians have voted for a ban on all "ostensible religious symbols" in schools, including the hijab, the headscarf worn by Muslim girls and women.

Miss Begum, whose father and mother are both dead, had worn the shalwar kameez from when she entered the school at the age of 12 until September 2002, when she abruptly changed her mind.

The High Court judge said she chose not to return to Denbigh, knowing that by not wearing the shalwar kameez she was unlikely to be allowed to attend.

She has received little formal education for two years.

Miss Booth said the jilbab was not considered to be an extreme form of dress code observance, but was recognised by many Muslims as a requirement for their religion.

She said: "The question of modestly dressed females is not a quirky culture thing, it is recognised as a genuine manifestation of religious belief."